Seeking Industrial Court Judgment on Non-Filing of Section 33 C 2 Application – Any Insights?

Dear Seniors, I am in search of a judgment given by the Industrial Court pertaining to "Non-Filing of Application under Section 33 C 2 is not a criminal breach."

Details in Compass:

We have terminated around 5 contract workers for indiscipline, and their demands are now in the Labour Court. We did not make the application under the ID Act even after the action was taken, for permission.

Now, I am seeking any judgment supporting my stand on the above matter.

Regards

First of all, you should contest that Sec. 33(b)(2) (not 33(C)(2)) of the I.D Act is not applicable since the contract labor are not your workmen if they are really hired through a contractor. When they are not your workmen, why do you need to take permission for termination since they are not workmen concerned in the dispute as of now? Here, your position is a little embarrassing since you have terminated their services. In fact, you should not directly terminate their services. Try to advance the above plea.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

I thank you for your address. Here, we, the Principal Employer, were made a party by the union, and the workers were terminated by their respective contractor only. I regret I didn't mention this.